HomeMy WebLinkAboutR-2021-004 Temporary Work Area Easement to Riverside-Quindaro Bend Levee District Repair Damage from 2019 Flooding RESOLUTION NO. R-2021-004
A RESOLUTION APPROVING THE GRANT OF A TEMPORARY WORK AREA
EASEMENT FROM THE CITY OF RIVERSIDE TO THE RIVERSIDE-QUINDARO
BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI IN CONNECTION WITH
CERTAIN CONSTRUCTION WORK TO REPAIR DAMAGE FROM 2019 FLOODING
WHEREAS, the Board of Aldermen finds it to be a public purpose and in the best
interest of the public to grant access to certain property further described herein in connection
with construction work pertaining to the 2019 flooding that damaged the West Creek crossing
under the I-635 bridge (just east of Horizons Pkwy);
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE,MISSOURI AS FOLLOWS:
THAT the Board of Aldermen ("Board") hereby approves the grant of a Temporary
Work Area Easement, in substantially the form attached hereto, to the Riverside-Quindaro Bend
Levee District of Platte County, Missouri, and the Mayor is authorized to execute the
conveyance on behalf of the City; and
FURTHER THAT the Mayor, the City Administrator, the Finance Director and other
appropriate City officials are hereby authorized to take any and all actions as may be deemed
necessary or convenient to carry out and comply with the intent of this Resolution and to execute
and deliver for and on behalf of the City all certificates, instruments, agreements and other
documents, as may be necessary or convenient to perform all matters herein authorized.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri,they day of 2021.
s
or Kathleen L. Rose
ATTEST:—;
Robin Kincaid, City Clerk
Recorded in Platte County, Missouri
Recording Date/Time: 01/14/2021 at 11:33:40 AM
Instr Number: 2021000927
Book: 1348 Page: 291 ,,,00�°E• °Fa��o 4
Type: DE ESMT
Pages: 5
Fee: $36.00 S KG -
1111111i1i11111lIIIllllllllilillllllll11111111i11111 `r��.°�uNrl:;�;g��'';
Grantor: RIVERSIDE MISSOURI CITY Ofory
Gloria a Boyer,
Grantee: RIVERSIDE—QUINDARO BEND LEVEE DISTR... Recorder of Deeds
TITLE OF DOCUMENT: Temporary Work Area Easement
DATE OF DOCUMENT: 7 a A LA.�,r y S ,20 '�- /
GRANTOR(S): City of Riverside,Missouri,a Missouri political
subdivision
GRANTEE(S): Riverside-Quindaro Bend Levee District
Of PIatte County,Missouri,a Missouri political
subdivision
ADDRESS: P. O. Box 168,Platte City,MO 64074
LEGAL DESCRIPTION: See page 5
Return recorded ecorded document to McGinness&Shaw,.L.LC)
1
TEMPORARY WORK AREA EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF RIVERSIDE,
MISSOURI, a Missouri political subdivision, herein the Grantor, in consideration of the sum of
Ten and no/100 Dollars ($10.00) and other good and valuable considerations, the receipt of
which is hereby acknowledged, hereby grants to the RIVERS IDE-QUINDARO BEND LEVEE
DISTRICT OF PLATTE COUNTY, MISSOURI, a Missouri political subdivision, herein the
Grantee, its lessees, licensees, successors and assigns, a temporary easement and right of entry
in, on, over and across a tract of land described in Exhibit "A"attached hereto and incorporated
herein by this reference (the "Easement Area") beginning on the date of the recording of this
easement instrument and ending on January 31, 2022 for use by the United States, its
representatives, agents and contractors as a work area, including the right to move, store and
remove equipment and supplies, and erect and remove temporary structures on the Easement
Area and to perform any other work necessary and incident to the construction of relief wells and
drainage improvements (the "Project") together with the right to remove obstructions,
vegetation, structures or obstacles within the limits of the Easement Area;reserving,however to
the Grantor, its successors and assigns, all such rights and privileges as may be used without
interfering with or abridging the rights and easement hereby granted to Grantee; subject,
however,to existing easements for public roads and highways,public utilities and pipelines.
The Grantor shall receive notice from the Grantee and/or the contractor on the Project a
minimum of 15 days in advance of taking possession of the Easement Area.
As part of the completion of the construction of the Project, the Grantee and/or its
contractor shall restore the Easement Area to a similar condition as existed prior to taking
possession of the Easement Area.
This Temporary Work Area Easement shall be binding upon the Grantor and its
successors and assigns.
Grantor hereby covenants that it is the owner of the land within the Easement Area
described in Exhibit"A"attached hereto and has the right to grant the easement rights to Grantee
as set forth hereinabove.
2
IN WITNESS WHEREOF, the GRANTOR has caused this instrument to be signed on
this -`� day of
L{
CITY OF RIVERSIDE,MISSOURI
By.
May r
ATTEST:
City Cl&k
ACCEPTED BY:
RIVERSIDE-QUIND ARO BEND LEVEE DISTRICT
By:
'feffirey W.Goodwin,President
ATTEST:
(SEAL)
,t
.Art Homer, Secretary
3
6•��1- 1344 Pam g a 291
STATE OF MISSOURI )
)ss.
COUNTY OF PLATTE )
On this Z;- day of _
t-c�.�.<,�--.. 2{b2/, before me, the undersigned, a
Notary Public, appeared Kathleen L. Rose, to me personally known, who being by me duly
sworn, did say that she is the Mayor of the CITY OF RIVERSIDE, MISSOURI, a body politic
and corporate duly authorized, incorporated and existing under and by virtue of the laws of the
State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of
said City, and that said instrument was signed and sealed in behalf of said City by authorizing of
its Governing Body, and said officer acknowledged said instrument to be executed for the
purposes therein stated and as the free act and deed of said City.
N WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at
my office the,day and year last above written.
tY P�jBG ROBIN L kINCAID
tiOTARY�'= My Cotte Exores -
March 8,2023 _
I y Snion County , 1
oFtJlts'�EAL pi` Commission#1539M Notary Public
My commission expires: �M .`' r3
a,c� ..0<�3
STATE OF MISSOURI )
)ss.
COUNTY OF PLATTE )
On this Jfhday of :)A,vK A ky , 20,�/ , before me, the undersigned, a Notary
Public, personally appeared Jeffrey W. Goodwin, to me personally known, who, being by me
duly sworn , did say that he is the President of the RIVERSIDE QUINDARO BEND LEVEE
DISTRICT OF PLATTE COUNTY, MISSOURI, a body politic and corporate duly authorized,
incorporated and existing under and by virtue of the laws of the State of Missouri, and that the
seal affixed to the foregoing instrument is the corporate seal of said District, and that said
instrument was signed and sealed on behalf of said District by authority of its Governing Body,
and said officer acknowledged said instrument to be executed for the purposes therein stated and
as the free act and deed of said District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the
day and year first above written.
MICHAEL McGINNESS Notary Public
Notary Public Notary Seal
My commission expires: STATE OF MISSOURI ""CHAEI A+�GIti S
Platte County Notary ,v_
My Commission Expires:11/30/2021' STATr �N Seal
Commisslon#13538641 J tiSJURI
MY Comm'
4 Yom• ,tSa._.... ._..::641
Bc--.tr-Ak 1348 Page 291
Exhibit "A"
All those parts of fractional Section 8,Township 50 North,Range 33 West,in the City of Riverside,Platte
County,Missouri,being more particularly described as follows:
T.C.E. 1: Commencing at the Northwest comer of the East Half of said fractional Section 8; thence South
00025'12"West,along the West line of the East Half of said fractional Section 8,a distance of 2635.76 feet
to a point on the Westerly line of the Riverside Quindaro Bend Levee District Right-of-Way as Aow
established, said point being the Point of Beginning;thence North 72°48'53" West,along the West line of
said Riverside Quindaro Bend Levee District Right-of-Way,a distance of 19.64 feet;thence North 28°30'10"
West, continuing along the West line of said Riverside Quindaro Bend Levee District Right-of-Way, a
distance of 2.84 feet to a point on the Southerly Right-of-Way line of Interstate 635 as described in a
Permanent Right-of-Way document being described in Book 1074, at Page 0913;thence South 87°29'04"
West, along the Southerly Right-of-Way Iine of said Interstate 635, a distance of 50.51 feet;thence South
05°20'25"East a distance of 42.33 feet,thence North 84°3935"East a distance of 73.34 feet;thence South
57°08'00"East a distance of 24.18 feet to a point on the West line of said Riverside Quindaro Bend Levee
District Right-of-Way;thence Northerly along the West line of said Riverside Quindaro Bend Levee District
Right-of-Way the following Three(3) described courses: One (1),North 69°47'04"East a distance of 8.52
feet;Two(2),North 17027122"West a distance of 33.32 feet;Three(3),North 72°48'53"West a distance of
25.85 feet to the Point of Beginning.Containing 3,595 square feet.
And:
T.C.E. 2: Commencing at the Northwest corner of the East Half of said fractional Section 8;thence South
00'25'12"West,along the West line of the East Half of said fractional Section 8,a distance of 2697.54 feet;
thence South 89°3448"East a distance of 99.01 feet to a point of deflection in the East line ofthe Riverside
Quindaro Bend Levee District Right-of-Way as now established, said point being the Point of Beginning,
thence South 55°11'25"East, along the East line of said Riverside Quindaro Bend Levee District Right-of-
Way, a distance of 17.64 feet;thence North 0302611"East a distance of 21.26 feet;thence North 57°Q8'00"
West a distance of 31.40 feet to a point on East line of said Riverside Quiudaro Bend Levee District Right-
of-Way; thence South 20°37'54" East, along the East line of said Riverside Quindaro Bend Levee District
Right-of-Way,a distance of 30.13 feet to the Point of Beoguwing.Containing 441 square feet,more 6r less.
The bearings used in these descriptions are based upon the West line ofthe East Half of said fractional
Section 8 being South 00°25' 12"West.
S
Property Owner: City of Riverside
City of Riverside, Missouri POINT OF COMMENCING
2950 NW Vivian Road NW CORNER OF THE EAST HALF
Riverside, Missouri 64150pF FRACTIONAL SEC.8, T 50 N, R 33 W TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION:
tt ``W UNE, E 1/2, FRACTIDNA_ All those parts of fractional Section S.Township 50 North, Range
SEC,B, T 50 N,R 33 W 33 West,in the City of Riverside,Platte County,Missouri, being
it n I v 1 to more particutorly described as follows:
N7 + q
�•'`I i.C.Et: Commencing at the Northwest comer of the East Half
* NIE�_—;• .-L---�-1' of said fractional Section 8; thence South 00'25'12'West, along
the West line of the East Half of said fractional Section 8, a
distance-'�TN,g, ATEt ROUTE 635 T+ .li Riverside a0ui Baro 6 feet Send to- Point an the Level District� R;nt-ot dW tineas the
N7648'S3"W g he
I W l established,said paint bang the Point of Beginning;thence North
N 7 ?9'64 72.48'53" West, along 'he West line of said Riverside O.,indoro
�! Band Levee District Right-of-Way, a distance of 19.64 fact;
POINT OF BEGINNING: T.C.E. I thence North 28'30'10" West, continuing along the West I'ne of
said Riverside Outndaro Bend Levee District Right-of-Way, o
N28'30•lOY/ zl N72'46.53'W distance of 2.84 feet to a point on the Southerly Right-of-Woy
2,84' I 25,85' J line of Interstate 635 as described In a Permanent Right-of-Way
Document losing described in Book 1074, at Pa 0913; thence
RIVERSIDE RICTQUINRRD BEND �'— N7T27.22'W MODOT R/W South BT29'04' Wast, elan the Southerly R;fH of-Wa line of
-r i
i
LEVEE DISTRICT R/W ; 33.32• r said Interstate 635, a distance of 50.51 feet; thence South
MODOT R/W S8T29'04" ___________ ---- 05'20'25' East a distance of 42.33 feet;thence Norte, 84'39'35"
SOS'2 2 50.51 I East o distance a- 73.34 feet; thence South 57'08'00' East a
_ -- Q1 — I distance of 24,18 feet to a point on the West Ane of 6aid
--- 42.33' 1 C �LE EE OUiR W BEND Riverside Quindoro Bend Levee District Right-of-Woy, thecce
/ LEVEE DISTRICT08*00R/W Northerly along the Wes: line of said Riverside Oulndaro Bend
N5T08.00'W
31.40' Levee District Right-of-Way the following Three (3) described
N84'39'35"E I
�I+" courses: One (1), North 69'47'04"East a distance of 6.52 feet;
73.34' �"''`• Two (2), North 1T27'22' West a distance of 33.32 feet; Three
SSTOB'00'E 21INO,.26' "E �l'� (3), North 72'48'53'West a distance of 2585'eet to the Pant
24.18• 1 21.26' �„/' of Beginning.Contain'n 3,595
N69'a7"04 \ 9i 9- g square feet.
\ CITY OF RIVERSIDE
EXISTING 80' PERMANENT EASEMENT i 6.52! f :` '•\ ��' Md:
FOR DIVERSION DITCH TO QUINDARO � "'�` SSY11.25'E\. r� - 46
BEND LEVEE DISTRICT OF PLATTE j T.C.E.2: Commencing at the Northwest caner of the East Hoff
COUNTY,MISSOURI S8934.4 1t •� 17'64' t.,\- of said fractional Section e; thence South 00'25'12'West. along
DOC. NO.3946, BK. 437,PG. 464 48,01• •.\ the West One of the East Half of said fractional Secton 8, a
I T OF BEGINNING: RIVERSIDE QUINDARO BEND distance of 2697.54 feet; thence South 89'34'48' East o
T.C.E. 2 \ LEVEE DISTRICT R/W distance of 99.01 feet to a Paint of defleet'on in the East line
�__✓!'y •\ of the Riverside Quindard Bend Levee District Right-of-Woy as
FLOOD PROTECTION S�0'3TS4•E \ naw established, said point being the Point of Beginning; thence
LEVEE EASEMENT 30.13y , % �.,\ South 55'11'25 East, along the East line of said Ri—ice
_ Quindoro Bene Levee District Right-of-Way, a distance of 17.54
feet; thence North 03'26'11' East a distant, of 2'.26 feet;
thence North 57*DB'00"West a distance of 31 a0 feet to a point
on East line of said Riverside Qulndaro Bend Levee District
L385 LEVEE ALGNMENT Right-of-Way; thence South 20'37'54" East, along the Eest line
•� of aotd Riverside Qulndaro Bend Levee District Right-of-Way, a
CIT OF RIVERSIDE i distance of 30.13 feet to the Point of Beginning. Containing 441
4 square feet. ..,a or IKs.
46 RIVERSIDE QUINDARO BEND The bearings used in these descriptions ors based upon the
LEVEE DISTRICT R/W _•. •�!'•� West line of the East Half of said fractional Section 8 being
LEGEND �..� ( South 00'25' 12"West.
O TEMPORARY CONSTRUCTION
EASEMENT
11"I"don Creek Parkway,Suite 450
Overland Park,Kansas 66210 0
l l
ffi
n i s Phone s13 2aattoo TRACT NUMBER 46
RIVERSIDE-QUINDARO BEND LEVEE DISTRICT
Fax:913.239.1111 ,X d rat LOCATION EASEMENT L-385 LEVEE PROJECT
_ I
c o r P www.asms.m
SCALE TIN rrer FRACTIONAL SECTION 8 EASEMENT DRAMNG
cNctNteRs•suRVEvow aeBe9xrw
,IDB Na, 20-0132-a1 0A1E:12/03/1020 CH'K0: RW
AffM CDAP L,SYDufi StUE L4R/14A1E 01 a 111Offrr-CWIWA14 jdvltIWM!"W)StAwfpW jWdolla33e I SCAUE 1'-las' DRAIN:JAM APPvi): AD SN. 1 CF
Tract:46
Project:I-635 Gabion
Property Owner:
City of Riverside,Missouri
2950 NW Vivion Road
Riverside,Missouri 64150
Temnorary Construction Easement description as,prepared by J Aubrey Metier. MO PLS
#2007017966
All those parts of factional Section 8,Township 50 North,Range 33 West,in the City of Riverside,Platte
t County,Missouri, being more particularly described as follows:
I
T.C.E. 1: Commencing at the Northwest corner of the East Half of said fractional Section 8; thence South
00°25'12" West, along the West line of the East Half of said fractional Section 8, a distance of 2635.76 feet
to a point on the Westerly line of the Riverside Quindaro Bend Levee District Right-of-Way as now
established, said point being the Point of Beginning; thence North 72°48'53" West, along the West line of
said Riverside Quindaro Bend Levee District Right-of-Way,a distance of 19.64 feet;thence North 28°30'10"
West, continuing along the West line of said Riverside Quindaro Bend Levee District Right-of-Way, a
distance of 2.84 feet to a point on the Southerly Right-of-Way line of Interstate 635 as described in a
Permanent Right-of-Way document being described in Book 1074, at Page 0913; thence South'87°29'04"
West, along the Southerly Right-of-Way line of said Interstate 635, a distance of 50.51 feet; thence South
05°20'25" East a distance of 42.33 feet;thence North 84°3935" East a distance of 73.34 feet; thence South
57°08'00" East a distance of 24.18 feet to a point on the West line of said Riverside Quindaro Bend Levee
District Right-of-Way; thence Northerly along the West line of said Riverside Quindaro Bend Levee District
Right-of-Way the following Three(3) described courses: One(1), North 69°47'04" East a distance of 8.52
feet; Two(2),North 17°27'22" West a distance of 33.32 feet; Three(3),North 72°48'53" West a distance of
25.85 feet to the Point of Beginning. Containing 3,595 square feet.
And:
T.C.E. 2: Commencing at the Northwest corner of the East Half of said fractional Section 8; thence South
00'25'12" West,along the West line of the East Half of said fractional Section 8,a distance of 2697.54 feet;
thence South 89°34'48" East a distance of 99.01 feet to a point of deflection in the East line of the Riverside
Quindaro Bend Levee District Right-of-Way as now established, said point being the Point of Beginning;
thence South 55°11'25" East, along the East line of said Riverside Quindaro Bend Levee District Right-of-
Way, a distance of 17.64 feet;thence North 03°26'11"East a distance of 21.26 feet;thence North 57°08'00"
West a distance of 31.40 feet to a point on East line of said Riverside Quindaro Bend Levee District Right-
of-Way; thence South 20037'54" East, along the East line of said Riverside Quindaro Bend Levee District
Right-of-Way, a distance of 30.13 feet to the Point of Beginning.Containing 441 square feet,more or less.
The bearings used in these descriptions are based upon the West line of the East Half of said fractional
Section 8 being South 00°25' 12"West.
All
01=
This description prepared by: 5 1ON
J.Aubrey Meyer,MO PLS#2007017966 * AT
Af fins Corp =YLR
Land Surveying:MO CLS#2000175358 � 0 079 i�. � 1 1 f f�n�s
8900 Indian Creek Parkway,Suite 450
Overland Park,KS 66210 Ol �� o o r G
LA\�S